Shift4 Payments, LLC

We are sorry to hear of the merchant’s dissatisfaction with Harbortouch’s products and services.  Harbortouch values each merchant it serves, realizing that exceptional customer service is just as important as competitive pricing and innovative products.  We take the loss of a customer’s...

business very seriously and, if given the opportunity, will do whatever we can to make the merchant a satisfied Harbortouch customer. On February 9, 2015 the merchant entered into a Harbortouch Merchant Transaction Processing Agreement (“Processing Agreement”). The Processing Agreement governs the terms and conditions whereby Harbortouch agreed to provide the merchant’s business with processing services for credit/debit card transactions. The Processing Agreement consists of the Merchant Application and the Terms and Conditions, together with its addenda, attachments and schedules.  A copy of the Merchant Application is enclosed. The merchant received a copy of the Terms and Conditions prior to signing the Merchant Application. However, you may also access the Terms and Conditions at www.harbortouch.com/terms.  The Processing Agreement is for a three (3) year term and automatically renews for consecutive two (2) year terms. On April 13, 2015, the merchant entered into a Harbortouch POS System Service Agreement (“Service Agreement”). The Service Agreement governs the terms and conditions whereby Harbortouch agreed to provide the merchant’s business with a POS system, at little to no upfront cost, based on their commitment to a three (3) year agreement for support service based on a monthly fee and other applicable charges. The Service Agreement consists of Exhibit A and the Service Agreement’s terms and conditions. A copy of the Service Agreement is attached to this letter. Harbortouch provides our merchant customers with POS Systems, at little to no upfront cost.  This includes all of the necessary hardware, software and installation of the equipment.  We then support our merchants by offering 24/7 customer and technical support.  We do this strictly in reliance on a merchant’s commitment to enter into the three year Service Agreement.  If a merchant terminates its commitment prior to the end of the contract, we suffer substantial financial losses. Therefore, we are extremely vested in the success and financial viability of our merchants.  After a detailed review of the merchant account, Harbortouch is willing to work with the merchant to resolve this matter amicably. Harbortouch proposes the following: ·         Harbortouch will release the merchant from the POS Service Agreement and will waive the early termination fee (“ETF”) of $1,242.00, which is $69 per month service fee multiplied by the remaining 18 months in the contract. In addition, the merchant will agree to continue using Harbortouch processing services for their credit/debit card transaction needs. ·         Alternatively, if the merchant is not in agreement with the proposed solution presented above, Harbortouch will then charge the merchant account the applicable ETF charges for both the POS Service Agreement and the Processing Agreement           totaling $1,802.00. ·         The Processing ETF is $35.00 multiplied by the remaining 16 months in the contract totaling $560.00.  Both ETF charges total $1,802.00. ·         ETF charges are detailed in Section 18 of the Processing Agreement and in Section 3b(iii) of the Service Agreement Terms and Conditions. The merchant should communicate acceptance of rejection of the proposed solution. Nothing contained herein should be deemed an admission or waiver of Harbortouch’s rights under applicable law. Harbortouch expressly reserves all of its rights, remedies and defenses in law or in equity.   Legal Group Harbortouch

Harbortouch reiterates its prior response.  We indicated in the final paragraph that the Harbortouch will close the account without penalty and write off any balance owed.  The merchant has no further obligations to Harbortouch.   Final paragraph of our initial response:  Harbortouch never received the required written cancellation form from the merchant despite our attempts to contact the merchant, therefore the account remained active.  Currently there is a balance owed totaling $346.46, however Harbortouch will close the merchant account without penalty and write-off any balance owed.  The merchant has no further obligations to Harbortouch.  ·         The account was closed in our database on 4/6/17. ·         All amounts in collections were written off on 4/6/17.  ·         The merchant rejected our prior response on 4/7/17 –  following our initial response.   We closed the account with no balance owing. Nothing contained herein should be deemed an admission or waiver of Harbortouch’s rights under applicable law. Harbortouch expressly reserves all of its rights, remedies and defenses in law or in equity. Legal Group Harbortouch

Harbortouch
reiterates its prior responses. 
The transaction
was denied by the bank and not  Harbortouch.
This is also why the
attempt by Harbortouch tech support to assist the merchant to enter the same
credit card transaction information was denied again by the bank.
The merchant did not receive authorization for the credit card transaction as per the Terms and
Conditions Association Rules Section 5. Authorization.
5.1 On all SALES,
MERCHANT shall request an authorization for the total amount of the SALE and
shall record the positive authorization response code on the SALES DRAFT prior
to completing the SALE.  If MERCHANT
receives a negative authorization response, MERCHANT shall not complete the
SALE and may receive further instructions from the authorization center.             
Harbortouch has issued a courtesy credit of
$100.  No further refunds or credits will be issued.  
Harbortouch is in compliance with
the regulations and rules of the Association as per the Terms and Conditions.
Legal Group
Harbortouch   











10/19/2015






Complaint

Purchased a Harbor Touch System that was never used:
1. Item shipped 2 1/2 weeks after store grand opening- Was told by various CS agents that shipping would be refunded- $150 shipping was never refunded
2. Was told to ship back system and would not be charged- Submitted back all forms - received...

a bill for over $3500
3. Harbortouch attempted many times to autodraft my checking account for $2000,$3000 resulting overdraft fees, inability to use cash for purchasing for my business. Proceeded with "charge back" Resulted in my favor.
4. Submitted a 0 fee no monies due contract that was processed. Shipping items where sent and system returned.







Desired Resolution

The is $0 money due to Harbor Touch. Contract submitted and processed by harbortouchs ends all relationship with [redacted], [redacted] and [redacted]

Consumer Business Dialog

[A default letter is provided here which indicates your acceptance of the business's response.  If you wish, you may update it before sending it.]
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and find that this resolution is satisfactory to me. 
Regards,
[redacted]











10/3/2015






Complaint

My business is a seasonal business that uses credit cards from April through September and is closed the rest of the year. I signed a contract in 2009 which I have the original copy on file. The agent I talked to was Herbert R[redacted]. The contract is the only one I have ever signed, and I have been...

using this service through September 2014. The service is turned on when I fax a note to Harbortouch and then turned off at the end of the season by me also faxing another note for them to turn it off. This procedure has been followed since 2009 thru 2014. For the 2015 season I learned of a different merchant account company that was much less expensive and signed a contract with them. But on May 5th, 2015 they charged my bank account with a $38.50 fee. I called them and told them that I wasn't going to use their services anymore. They said to fax them telling them that I was ending the contract and that they couldn't refund the $38.50. I could understand that and faxed the request to them. I also received a letter from them to mail back their equipment which I did. Then I was notified that there was a $300.00 termination fee. I told them there was no termination fee in the contract that I signed and I was told that didn't matter. I had my bank block any transactions from them where they could not draft automatically and I told Harbortouch I would do this. They tried numerous times to draft money from my account but were stopped. Now they are sending me threatening collection letters. I have reread the original contract I signed very carefully and charges for their services are plainly listed and the is no mention of any kind of a termination fee.







Desired Resolution

Drop the charges that are not listed in my original contract and not contact me again through any media.

Consumer Business Dialog

We are sorry to hear of the merchant’s dissatisfaction with
Harbortouch’s products and services. 
Harbortouch values each merchant it serves, realizing that exceptional
customer service is just as important as competitive pricing and innovative
products.  We take the loss of a...

customer’s
business very seriously and, if given the opportunity, will do whatever we can
to make the merchant a satisfied Harbortouch customer.
There are two distinct agreements: 
A.        Merchant Transaction Processing
Agreement
On December 7, 2015 the merchant entered into a Harbortouch
Merchant Transaction Processing Agreement (“Processing Agreement”). The
Processing Agreement governs the terms and conditions whereby Harbortouch
agreed to provide the merchant’s business with processing services for
credit/debit card transactions. The Processing Agreement consists of the
Merchant Application and the Terms and Conditions, together with its addenda,
attachments and schedules.  A copy of the
Merchant Application is enclosed. The merchant received a copy of the Terms and
Conditions prior to signing the Merchant Application. However, you may also
access the Terms and Conditions at www.harbortouch.com/terms.  (See Section 4 and 5 of the Terms and
Conditions for details regarding term of agreement and termination.)
B.        Point of Sale Service Agreement
On December 7, 2015, the merchant entered into a Harbortouch
Elite POS System Service Agreement (“Service Agreement”). The Service Agreement
governs the terms and conditions whereby Harbortouch agreed to provide your
client’s business with two (2) Elite POS systems, at little to no upfront cost,
based on his commitment to a three (3) year agreement for support service based
on a monthly fee and other applicable charges. The Service Agreement consists
of Exhibit A and the Service Agreement’s terms and conditions. A copy of the
Service Agreement is attached to this letter.
On February 1, 2016 the POS System was installed at the
merchant’s business location; please see the attached Install Sheet dated
February 1, 2016. On the day of installation training was offered via webinars
for the owner and employees at convenient times 24/7. The merchant never took
advantage of the free training services offered. 
Additionally,
Harbortouch provides our merchant customers with POS Systems, at little to no
upfront cost.  This includes all of the
necessary hardware, software and installation of the equipment.  We then support our merchants by offering
24/7 customer and technical support.  We
do this strictly in reliance on a merchant’s commitment to enter into the three
(3) year Service Agreement.  If a
merchant terminates its commitment prior to the end of the contract, we suffer
substantial financial losses. Therefore, we are extremely vested in the success
and financial viability of our merchants. 
Regarding
the processing of chip cards, Harbortouch can provide the merchant with a [redacted]
and [redacted] credit/debit card terminal that are EMV compliant.   
The
merchant can ship the POS System equipment to Harbortouch Payments, LLC,
2202 N. Irving Street, Allentown, PA 18109 (provide Merchant Account ID inside
carton(s). 
All processing fees and charges incurred by the merchant are
valid in accordance with the terms and conditions of the Processing Agreement
and the POS Service Agreement.
Nothing contained herein should be deemed an admission or
waiver of Harbortouch’s rights under applicable law. Harbortouch expressly
reserves all of its rights, remedies and defenses in law or in equity.
 
Legal Group
Harbortouch

The merchant had entered into two different agreements with Harbortouch as follows. A.     Merchant Transaction Processing AgreementOn April 21, 2012, the merchant entered into a Harbortouch Merchant Transaction Processing Agreement (“Processing Agreement”). The Processing...

Agreement governs the terms and conditions whereby Harbortouch agreed to provide the merchant’s business with processing services for credit/debit card transactions. The Processing Agreement consists of the Merchant Application and the Terms and Conditions, together with its addenda, attachments and schedules.  A copy of the Merchant Application is enclosed. The merchant received a copy of the Terms and Conditions prior to signing the Merchant Application. However, you may also access the Terms and Conditions at [redacted]  The Processing Agreement is for a three (3) year term and automatically renews for successive two (2) year periods.  Please see the Terms and Conditions Section 5 for details.  B.     Point of Sale Service Agreement  On July 14, 2014, the merchant entered into a Harbortouch POS System Service Agreement (“Service Agreement”). The Service Agreement governs the terms and conditions whereby Harbortouch agreed to provide the merchant’s business with POS systems, at little to no upfront cost, based on his commitment to a five (5) year agreement for support service based on a monthly fee and other applicable charges. The Service Agreement consists of Exhibit A and the Service Agreement’s terms and conditions. A copy of the Service Agreement is attached to this letter.  The Processing Agreement has an applicable early termination fee (“ETF”) calculated by multiplying the number of months remaining in the current term by $35 or the minimum ETF of $250 whichever is greater.  Harbortouch will waive the Processing Agreement ETF totaling $735.00.   The Service Agreement has an applicable ETF calculate by the number of months remaining in the contract by the total monthly service fee.   Harbortouch discloses all fees, rates, and charges for its products and services upfront in its merchant agreements. The merchant is provided with a monthly billing statement which summarizes the processing fees charged to the merchant’s account based on the volume of card transactions accepted by the merchant. All other fees charged during the month to the merchant’s account are also disclosed on the statement. After a detailed review of the merchant account all fees and charges are valid in accordance to the Processing Agreement and Service Agreement inclusive of the Terms and Conditions, together with its addenda, attachments and schedules. The merchant was charged what his contract stated at the time of signing. Harbortouch has made efforts to retain the merchant’s business and has issued numerous courtesy credits to the merchant since the account was opened. We encourage the merchant to contact our collections department at [redacted] to settle their account.Furthermore, the merchant should return the POS equipment to Harbortouch at [redacted].  The merchant should contact the Account Resolution Manager at [redacted] for further details about returning the equipment.  Nothing contained herein should be deemed an admission or waiver of Harbortouch’s rights under applicable law. Harbortouch expressly reserves all of its rights, remedies and defenses in law or in equity. Legal Group Harbortouch

This merchant's case has been escalated to a management team.   A member of the management team will be reaching out to the merchant to address the issues of this case. Legal GroupHarbortouch

After a detailed review of the merchant account, Harbortouch has determined the merchant was charged the Regulatory Compliance Fee in the amount of $179.90.  This is an industry fee charged by the Card Associations for services provided in the prior year.  In an effort to resolve this...

amicably, Harbortouch is willing to refund the merchant the Regulatory Compliance Fee totaling $179.90.  The refund should be reflected in the merchant’s bank account in three to five business days.  Legal Group Harbortouch

We are sorry to hear of the merchant’s dissatisfaction with Harbortouch’s products and services.  Harbortouch values each merchant it serves, realizing that exceptional customer service is just as important as competitive pricing and innovative products.  We take the loss of a customer’s...

business very seriously and, if given the opportunity, will do whatever we can to make the merchant a satisfied Harbortouch customer.On August 5, 2016 the merchant entered into a Harbortouch Merchant Transaction Processing Agreement (“Processing Agreement”). The Processing Agreement governs the terms and conditions whereby Harbortouch agreed to provide the merchant’s business with processing services for credit/debit card transactions. The Processing Agreement consists of the Merchant Application and the Terms and Conditions, together with its addenda, attachments and schedules.  A copy of the Merchant Application is enclosed. The merchant received a copy of the Terms and Conditions prior to signing the Merchant Application. However, you may also access the Terms and Conditions at www.harbortouch.com/terms.  Regarding the Independent Sales Organization (ISO), the ISO is an independent contractor and statements made by the ISO cannot be validated.  Any verbal agreement is superseded by the written signed agreement.   The contractual agreement(s) between the merchant and Harbortouch are the written Agreements signed and dated as referenced above.  We advise the merchant to contact the ISO directly regarding the $250 deposit they were asked to provide.  This is a practice determined by the ISO office and is not a policy of Harbortouch.  We are not in receipt of these funds therefore it is a matter between the merchant and the ISO.  ·         The merchant has not processed any credit/debit transactions using the processing terminal provided by Harbortouch. Therefore, no rates have been charged to date. The merchant account was setup in early August 2016.·         The merchant should provide three forms of ID with his signature to compare with the signature we have on file. He should email this information to [email protected]·         If the merchant wants a rate review he should provide rates from three competitors emailed to [email protected]. Harbortouch will then do a rate comparison.  However, the merchant has not processed any transactions to date. Nothing contained herein should be deemed an admission or waiver of Harbortouch’s rights under applicable law. Harbortouch expressly reserves all of its rights, remedies and defenses in law or in equity.Legal GroupHarbortouch

[To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the response. If no reason is received your complaint will be closed as Answered]
 Complaint: [redacted]
I am rejecting this response because: Actually there is plenty of evidence that such agree, or promise was made through the correspondences that were done, and the tickets numbers that were generated. I am sure you could contact [redacted] at [redacted] and she would remember the call(s) she receive to get the pay off reduce. You are providing extremely poor customer care in trying to find a legal loop hole from not paying off our lease with [redacted]. Naturally if we knew Harbor Touch was going to do everything in their power to not pay off our lease agreement we would have never switch. We were with [redacted] for many years and had no reason to switch except for the promises that were made to us. Paying off your lease, or buying out your contract to get you as a customer is a common practice, and should not be of any surprise that such an agreement, or promise was made. The right thing to do in providing outstanding customer service would be to pay off our lease instead of looking for legal loop holes and using words that have no meaning or backbone in them.I pray that Harbor Touch will do the right thing in providing us with good customer service in appreciation for our business by paying off the lease.Regards,
[redacted]

[To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the response. If no reason is received your complaint will be closed Administratively Resolved]
 Complaint: [redacted]
I am rejecting this response because:Harbor touch failed to submit to Revdex.com the signed contract ending service. As they would present all terms resulting in a fee was lined out. Accepted by Harbor touch when the account was closed. There is no monies due to "early termination" on June 24th Harbor touch was also informed they where not to attempt or withdraw any funds from the Wells Fargo account. They continued to do so. 
Regards,
[redacted]

[A default letter is provided here which indicates your acceptance of the business's response.  If you wish, you may update it before sending it.]
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and find that this resolution is satisfactory to me.  The business has agreed in writing to cancellation of any contracts. All fees and penalties are waived and we no longer have any financial obligation of any kind with Harbortouch.
Regards,
[redacted]